Section 102.1309 - Prohibited Exemptions(a) An innovation district may not be exempted from the following sections of the Texas Education Code (TEC) and the rules adopted thereunder:(1) a state or federal requirement, imposed by statute or rule, applicable to an open-enrollment charter school operating under TEC, Chapter 12, Subchapter D, including, but not limited to, the requirements listed in TEC, § 12.104(b), and:(A) TEC, Chapter 22, Subchapter B;(B) TEC, Chapter 25, Subchapter A, §§ 25.001, 25.002, 25.0021, 25.0031, and 25.004;(C) TEC, Chapter 28, §§ 28.002, 28.0021, 28.0023, 28.005, 28.0051, 28.006, 28.016, 28.0211, 28.0213, 28.0217, 28.025, 28.0254, 28.02541, 28.0255, 28.0258, 28.0259, and 28.026;(D) TEC, Chapter 29, Subchapter G;(E) TEC, Chapter 30, Subchapter A;(H) TEC, Chapter 37, §§ 37.005, 37.006(l), 37.007(e), 37.011, 37.012, 37.013, and 37.020;(2) TEC, Chapter 11, Subchapters A, C, D, and E, except that a district may be exempt from TEC, § 11.1511(b)(5) and (14) and §11.162;(3) TEC, Chapter 12, Subchapter C;(6) TEC, Chapter 44, §§ 44.0011, 44.002, 44.003, 44.004, 44.0041, 44.005, 44.0051, 44.006, 44.007, 44.0071, 44.008, 44.009, 44.011, 44.0312, 44.032, 44.051, 44.052, 44.053, and 44.054;(7) TEC, Chapter 45, §§ 45.003, 45.0031, 45.005, 45.105, 45.106, 45.202, 45.203;(b) In addition to the prohibited exemptions specified in subsection (a) of this section, an innovation district may not be exempted from:(1) a requirement of a grant or other state program in which the district voluntarily participates;(2) duties that the statute applies to the execution of that power if a district chooses to implement an authorized power that is optional under the terms of the statute;(3) a requirement of a grant or other state program authorized in the TEC that would otherwise entitle the district to participation in that program; and(4) requirements imposed by provisions outside the TEC, including requirements under Texas Government Code, Chapter 822.19 Tex. Admin. Code § 102.1309
Adopted by Texas Register, Volume 41, Number 37, September 9, 2016, TexReg 7089, eff. 9/13/2016; Amended by Texas Register, Volume 43, Number 04, January 26, 2018, TexReg 0462, eff. 1/31/2018; Amended by Texas Register, Volume 45, Number 02, January 10, 2020, TexReg 339, eff. 1/8/2020; Amended by Texas Register, Volume 47, Number 42, October 21, 2022, TexReg 6982, eff. 10/25/2022